Written Answers Nos. 101-120
101. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the safety and well-being of undocumented immigrants here receives adequate attention with particular reference to the needs of those who may have received threats or are in danger of being trafficked; and if she will make a statement on the matter. [7996/17]
View answerThe Government recognises that Human Trafficking is a hidden crime, and that undocumented migrants who might also be potential victims of trafficking may be reluctant to make themselves known to authorities. In recognition of this, and in making determinations as to whether a person is a suspected victim of human trafficking, An Garda Síochana takes into account any information provided by NGOs in relation to their engagement with these persons. In circumstances in which persons have no legal basis to remain in the State, the Administrative Immigration Arrangements for the Protection of Victims of Trafficking provide for the granting of a 60 day recovery and reflection period. This may be followed by a 6-month renewable temporary residence permission, where the trafficked person wishes to assist An Garda Síochána or other relevant authorities in any investigation or prosecution in relation to the alleged trafficking. As part of Ireland's victim-centred approach, suspected victims of human trafficking are provided with accommodation (where necessary), medical care and planning, psychological assistance, material assistance, legal aid and advice, security advice, vocational training and education.
As always, I would urge all victims of crime, including persons who believe that they may be victims of human trafficking, to report the matter to An Garda Síochána. Any suspicion of human trafficking that is reported to An Garda Síochána is the subject of a comprehensive investigation. In terms of legislation, the Criminal Law (Human Trafficking) Act 2008, with penalties of up to life imprisonment for human trafficking, greatly strengthened the law in this area and this legislation was further bolstered in 2013 with new forms of exploitation, namely forced begging and forced criminal activities, being provided for in law.
Measures have been taken to ensure that the Irish border is secure and that the opportunities which may arise at the point of entry to identify victims and their traffickers are taken. These measures include ongoing training for immigration officers at border control points and increasing use of new technology. Training in relation to human trafficking has also been provided for staff at reception centres where asylum seekers are housed.
Ireland's approach to the issue of Human Trafficking is further set out in the Second National Action Plan to Prevent and Combat Human Trafficking in Ireland which was published in October 2016.
In relation to the broader question of the undocumented I have no plans to introduce a general regularisation scheme. However, as I have stated previously it is always open to such persons to present their case on its individual merits to the immigration authorities. Such cases would be carefully considered before a decision is made and it is reasonable for the State to expect that the affected persons would respect that decision.
102. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the total number of crimes committed by persons while on bail for one or more previous offences; the number of serious crimes committed by such persons; and if she will make a statement on the matter. [7997/17]
View answerThe Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics.
The CSO publishes details of recorded crime incidents, detected crimes, relevant proceedings and convictions, and I have asked the CSO to forward the available information in relation to the matters referred to directly to the Deputy.
The referred reply under Standing Order 42A was forwarded to the Deputy.
103. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the degree to which policing methods here are aligned to best practice in other jurisdictions, with particular reference to comparison with those jurisdictions deemed to have the most effective policing; and if she will make a statement on the matter. [7998/17]
View answerI wish to assure the Deputy that when developing policy or legislation proposals on policing matters my Department would always have regard to international models. However, owing to a number of unique factors pertaining to the Garda Síochána, including the fact that it is a single national police force which provides a security and intelligence service as well as a policing service, international policing models may require tailoring to our circumstances.
Section 117(1) of the Garda Síochána Act 2005 specifically requires the Garda Síochána Inspectorate to benchmark their recommendations by reference to the best standards of comparable police services. Arising from this requirement, every inspection conducted by the Garda Inspectorate, and any recommendation arising, has involved examining policing practices in other jurisdictions.
The Deputy will no doubt be aware that the recommendations of the Inspectorate's 2015 Report, 'Changing Policing in Ireland', formed the basis of the Government's Five Year Reform and High-level Workforce Plan for An Garda Síochána. The Commissioner’s Modernisation and Renewal Programme 2016-2021 is the vehicle for implementing the agreed Government Plan for the Garda Síochána. This Programme was launched in June 2016.
Key reforms being implemented include the replacement of the current District model of policing with a Divisional model where responsibilities will be allocated on a functional rather than geographical basis. However, in implementing this reform, the Garda Síochána is required to continue to maintain the close relationship it has with communities in large rural Divisions. The Plan also contains a commitment to increase the number of civilian staff in the Garda Síochána in line with international norms. A medium term target of achieving 20% civilians by 2021 is proposed to this end. I have asked the Policing Authority to monitor the implementation by the Garda Síochána of the Plan and to provide regular progress reports to the Department on the matter.
In accordance with section 26 of the Garda Síochána Act 2005, the Garda Commissioner is responsible for the direction and control of the Garda Síochána. In exercising this function, I understand that the Garda Commissioner has ensured that relevant policing developments in other jurisdictions are reviewed on an on-going basis so that international best practice can be identified and, where appropriate, applied throughout the Garda Síochána.
104. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the Garda numbers throughout County Kildare are likely to be increased over the next 12 months; her views on whether this is likely to impact the opening hours of various Garda stations currently open on a part-time basis; and if she will make a statement on the matter. [8000/17]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and Garda station opening hours, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I am informed by the Garda Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I am further informed by the Garda Commissioner that the Garda strength of the Kildare Division, on the 31 December 2016, the latest date for which figures are readily available, was 316. There are also 22 Garda Reserves and 30 civilians attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and the Organised Crime Bureau.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300.
I am informed by the Garda Commissioner that since the reopening of the Garda College in September 2014, 838 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, including 35 to the Kildare Division. I am also informed by the Commissioner that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division, including Kildare, in the coming years.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.
105. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the total number of women at all ranks currently serving in An Garda Síochána; and if she will make a statement on the matter. [8001/17]
View answerI have been informed by the Garda Commissioner that the total number of women in all ranks of An Garda Síochána as of the 31 December 2016, the latest date for which figures are readily available, was 3,392 or 26.2% of the total strength. This compares favourably with the number on 31 December 2006 which was 2,508 or 19% of the total strength.
The Garda Authorities have assured me that a concerted effort is being made to encourage women to consider a career in An Garda Síochána so that the membership of An Garda Síochána will reflect the community that it serves.
For the Deputy's information I have set out in tabular form the number of women by rank as of 31 December 2016.
An Garda Síochána Female Strength 31 December 2016
|
Rank |
Total Female Strength |
|
Commissioner |
1 |
|
D/Commissioner |
0 |
|
A/Commissioner |
1 |
|
C/Superintendent |
5 |
|
Superintendent |
15 |
|
Inspector |
43 |
|
Sergeant |
347 |
|
Garda |
2980 |
|
Total |
3392 |
106. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of prisoners that were entitled to early release in the past 12 months; and if she will make a statement on the matter. [8002/17]
View answer107. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of prisoners that may have an entitlement but were refused early release in the past 12 months; and if she will make a statement on the matter. [8003/17]
View answer108. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of prisoners that benefited from early release in the past 12 months; the number that reoffended and which were subsequently returned or not returned in the same period; and if she will make a statement on the matter. [8004/17]
View answerI propose to take Questions Nos. 106 to 108, inclusive, together.
I wish to inform the Deputy that there is no entitlement to temporary or early release for prisoners. Each application for early or Temporary Release is considered on its individual merits and a number of factors are taken into account when making a decision including the nature of the offence, whether or not the person is a first-time offender and whether the person poses a threat to public safety.
The Deputy may be aware that periods of Temporary Release granted can vary greatly from a few hours following a family bereavement to, for example, a requirement to report to the prison every 12 months.
I can advise the Deputy that provisional figures for 2016 show a total of 7,935 prisoners were granted Full or Reviewable temporary release in the period 1 January 2016 to 31 December 2016. A significant number of these, 7,117, refer to persons imprisoned for very short periods for non-payment of fines, who were granted early release shortly thereafter. The Irish Prison Service publishes figures in relation to the number of prisoners currently on temporary release on their website www.irishprisons.ie on a daily basis. I can advise the Deputy that the number of prisoners on temporary release on 14 February 2017 was 241 which represented approximately 6% of the overall prison population.
Finally, I am advised by my officials in the Prison Service that the details regarding re-offending by prisoners granted temporary release in 2016 are not available. Of course, any offender who breaches his or her temporary release conditions may be arrested and returned to prison immediately by the Gardaí and/or may be refused another period of temporary release.
109. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of prisoners that were first-time offenders and were given access to rehabilitative and educational training within the prison service over the past three years to date; the number of such persons that subsequently may have reoffended on release; and if she will make a statement on the matter. [8005/17]
View answerI wish to advise the Deputy that the Irish Prison Service provides a wide range of rehabilitative programmes to those in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes can offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release. These programmes are available in all prisons and all prisoners are eligible to use the services.
On committal, all prisoners are interviewed by the Governor and are informed of the services available in the prison. At this point prisoners may be referred to services or they can self refer at a later date. Where Governors consider, on the information available, that a prisoner needs a particular intervention they will initiate a referral.
I am informed by the Irish Prison Service that they do not collate information in the format requested by the Deputy. However, the Irish Prison Service Recidivism study for 2010 shows that 2,561 persons out of a total of 9,339 that were released in that year went on to re-offend within the first 6 months of release. As well as offences committed after expiration of sentence, this figure also includes offences committed before their official release date and this would take account of crimes committed while on early release, day release, and compassionate release. It also includes offences committed while in custody such as assaults and possession of mobile phones.
These figures were produced in partnership with the Central Statistics Office using a combination of Garda Síochána and Irish Prison Service records, based on the Irish Crime Classification System. The study, which was published on 10 November 2016, looked at the available data up to the end of 2013 to take account of the time to make a conviction and a broader 3 year analysis of recidivism.
110. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of requests for admission to rehabilitative or educational training within the Prison Service that have been refused in each of the past three years to date, with particular reference to first time offenders; and if she will make a statement on the matter. [8006/17]
View answerI wish to advise the Deputy that the Irish Prison Service provides a wide range of rehabilitative programmes to those in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes can offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release.
These programmes are available in all prisons and all prisoners are eligible to use the services. No prisoners were refused access to rehabilitative or education training within the prison system. However, on some occasions, prisoners may have to wait for a place to become available on an education programme.
On committal, all prisoners are interviewed by the Governor and are informed of the services available in the prison. At this point prisoners may be referred to services or they can self refer at a later date. Where Governors consider, on the information available, that a prisoner needs a particular intervention they will initiate a referral.
The manner in which records are collated does not allow us to differentiate between first-time offenders and repeat offenders.
111. Deputy John Deasy asked the Tánaiste and Minister for Justice and Equality the amount spent during 2016 by her Department and by each named public body under her Department’s remit on legal services, by reference to each firm or individual engaged, in tabular form; and if she will make a statement on the matter. [8044/17]
View answerThe information requested by the Deputy in respect of my Department and agencies under my Department's Vote is provided in the table. The Deputy should note that this table does not include payments made in respect of the Criminal and Civil Legal Aid Schemes administered under the aegis of my Department. Nor does it include payments made for legal services by the Commissions of Investigation and Tribunals of Inquiry under my remit.
|
Name of Agency |
Name of Legal Firm |
Amount spent on legal services during 2016 |
|
Department of Justice and Equality |
Conor Devally (SC) |
€19,127 |
|
John Fitzgerald (JC) |
€1,968 |
|
|
Mr. Justice Roderick Murphy |
€1,920 |
|
|
Charities Regulatory Authority |
Jonathan Miller |
€58,485 |
|
Barry O'Donnell |
€1,230 |
|
|
McDowell Purcell |
€24,600 |
|
|
Beauchamps |
€122,828 |
|
|
Insolvency Service of Ireland |
McCann Fitzgerald |
€185,509 |
|
Darcy Horan |
€84.00 |
|
|
Ordnance Survey Ireland |
Beauchamps Solicitors |
€9,575 |
|
Property Services Regulatory Authority |
McDowell Purcell Solicitors |
€135,817 |
|
Office of the Data Protection Commissioner |
Philip Lee Solicitors |
€749,884 |
|
Michael Collins |
€64,544 |
|
|
Bryan S Murray |
€40,602 |
|
|
Catherine Donnelly |
€38,991 |
|
|
Criminal Assets Bureau |
Genevieve Coonan Solicitor |
€922 |
|
This amount relates to where a solicitor witnesses the signature of an Officer of the Bureau on an Affidavit. As numerous solicitors are involved throughout the country on a needs basis and fees are small, usually €10 to €20 euro at a time, it is not possible to provide a breakdown. |
€5,600 |
|
|
National Disability Authority |
Beauchamps Solicitors |
€8,654 |
|
Irish Human Rights and Equality Commission |
Alan D P Brady BL |
€8,087 |
|
Anthony Hanrahan |
€13,321 |
|
|
Cathal McGreal BL |
€861 |
|
|
Catherine Donnelly BL |
€10,148 |
|
|
Claire Bruton |
€8,118 |
|
|
Conleth Bradley |
€2,772 |
|
|
Conor Power |
€3,690 |
|
|
David Fennelly |
€13,038 |
|
|
Desmond Ryan BL |
€15,375 |
|
|
Eilis Barry |
€21,3156 |
|
|
Eilis Brennan |
€1,630 |
|
|
Feichín McDonagh |
€25,154 |
|
|
Francis Kieran |
€5,781 |
|
|
Gráinne Gilmore |
€2,829 |
|
|
John Rogers SC |
€7,380 |
|
|
Mairéad McKenna |
€3,690 |
|
|
Marguerite Bolger SC |
€2,153 |
|
|
Mark Lynam |
€1,230 |
|
|
Mary Honan |
€1,845 |
|
|
Michael Lynn SC |
€15,683 |
|
|
Nuala Butler SC |
€23,801 |
|
|
Nuala Egan |
€2,460 |
|
|
Patrick E Keane |
€308 |
|
|
Roisin Lacey |
€2,952 |
|
|
Sheila Hawkins/BHC Solutions |
€5,480 |
|
|
Simon Mills, BL |
€1,292 |
|
|
Siobhán Phelan |
€20,480 |
|
|
Siobhán Stack SC |
€5,781 |
|
|
Suzanne Kingston BL |
€4,490 |
|
|
Cyril O'Neill & Co. |
€369 |
|
|
Hayes Solicitors |
€6,150 |
|
|
Hayes Solicitors |
€7,380 |
|
|
Beauchamps Solicitors |
€2,952 |
|
|
Private Security Authority |
Holmes O'Malley Sexton |
€41,518 |
|
Ross Aylward |
€10,717 |
|
|
Mental Health (Criminal Law) Review Board |
McDowell Purcell Solicitors |
€17,922 |
|
Mr. Anthony Aston S.C., |
€14,822 |
|
|
Legal Aid Board |
Mason Hayes & Curran |
€174,581 |
|
Policing Authority |
Byrne Wallace Solicitors |
€8,198 |
|
Feichín McDonagh |
€2,583 |
|
|
Siobhán Phelan |
€7,060 |
|
|
Conor Power |
€2,460 |
|
|
GSOC |
Una Ni Raifeartaigh S.C. |
€33,857 |
|
Arthur Cox Solicitors |
€47,101 |
|
|
Roisin Lacey B.L. |
€4,428 |
|
|
Aisling Kelly |
€1,250 |
|
|
Mason Hayes & Curran |
€167,280 |
|
|
Sara Ryan Barrister-at-Law |
€3,167 |
|
|
Remy Farrell S.C. |
€5,412 |
|
|
James B Dwyer |
€615 |
|
|
Siobhán Phelan SC |
€30,197 |
|
|
Feichín McDonagh SC |
€25,154 |
|
|
Ronan Kennedy BL |
€923 |
|
|
Bowler Geraghty |
€224 |
112. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the functions of the Policing Authority has been taken over from her Department; and if she will make a statement on the matter. [8052/17]
View answerI was very pleased to establish an independent Policing Authority. The Policing Authority represents one of the most significant developments in policing since the founding of the State. It constitutes a major element of the comprehensive programme of justice reform which is being delivered by the Government, aimed both at ensuring continuing confidence in the work of An Garda Síochána and at supporting the women and men of the service in the work they do on our behalf every day.
The Authority’s role is to oversee the performance of the Garda Síochána in relation to policing services, to promote public awareness of policing matters and to promote and support the continuous improvements in policing in Ireland. Its mission is to drive excellent policing through valued and effective oversight and governance.
As the Deputy is aware the statutory basis for the Policing Authority is the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 which amended the Garda Síochána Act 2005. Since its establishment, it has focused, as a matter of priority, on its functions which have statutory deadlines and reform significance.
Under the Act, the Commissioner reports to the Authority to facilitate its work and to provide any relevant material as requested. I am aware that the Authority has met frequently with the Commissioner and her senior team with 13 meetings held in 2016, five of which were held in public. Such public meetings serve to reassure the community about the performance of An Garda Síochána. Areas that have been highlighted in the discussions include:
- consideration of the O’Higgins Report and related matters;
- implementation of the Modernisation and Renewal Programme within An Garda Síochána;
- review of the Garda Protected Disclosure policy;
- plans to conduct a culture audit within An Garda Síochána;
- corporate governance arrangements and management structures within An Garda Síochána;
- redeployment of Garda members to front line policing; and
- arrangements for training and the professional development of members.
Also, since its inception, the Authority has approved a three-year Strategy for An Garda Síochána. It has also determined the policing priorities for 2017 which informed the content of the 2017 Policing Plan which it also approved. It has reviewed and issued recommendations on the Garda Protected Disclosure policy and also published a Code of Ethics that includes standards of conduct and practice for Garda members.
In addition to these functions, the Authority also took over the Department’s role in relation to Joint Policing Committees.
The Authority has responsibility for nominating persons for appointment by the Government to the posts of Garda Commissioner and Deputy Garda Commissioner; appointing persons to the ranks of Superintendent, Chief Superintendent and Assistant Commissioner (and removing them for reasons related to policing services); and for appointing persons to senior positions within the Garda civilian staff.
All sections of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 have now been commenced and I look forward to the Authority fulfilling its very important statutory functions into the future.
113. Deputy Michael Healy-Rae asked the Minister for Finance if he will address an issue with regard to a change in the property tax; and if he will make a statement on the matter. [7781/17]
View answerFinance Act 2016 was enacted on 25 December 2016 as a result of it being signed by the President on that day. This was the day on which many of the Act's provisions came into operation. Finance Act 2016 does not contain any such provisions referred to by the Deputy in relation to either capital gains tax or local property tax. However, section 52 of the Act, which made changes to a capital acquisitions tax exemption that applies in relation to gifts and inheritances of dwelling houses in certain circumstances, came into operation on 25 December 2016. I believe that this is the matter about which the Deputy is seeking clarification. The changes made to the 'dwelling house' exemption have two principal effects.
Firstly, the dwelling house exemption is only available for inheritances. With one exception, it is no longer possible to receive a tax-free gift of a dwelling house. The exception is where a person gifts a dwelling house to a dependent relative. For this purpose, a dependent relative is a direct relative of the donor, or of the donor's spouse or civil partner, who is permanently and totally incapacitated because of physical or mental infirmity from maintaining himself or herself or who is over the age of 65.
Secondly, the inherited dwelling house must have been the deceased person's principal private residence at the date of his or her death. This requirement is relaxed in situations where the deceased person had to leave the house before the date of death because of ill health; for example, to live in a nursing home.
114. Deputy Pearse Doherty asked the Minister for Finance the number of credit servicing firms that have completed the authorisation process following the passing of the 2015 credit servicing legislation; and if he will make a statement on the matter. [7782/17]
View answerAs the Deputy will be aware, the Consumer Protection (Regulation of Credit Servicing Firms) Act, 2015 was enacted in July 2015. It was introduced to fill the consumer protection gap where loans were sold by the original lender to an unregulated firm. The Act introduced a regulatory regime for a new type of entity called a 'credit servicing firm'. Credit Servicing Firms are now subject to the provisions of Irish financial services law that apply to 'regulated financial service providers'.
Following the enactment of the Consumer Protection (Regulation of Credit Servicing Firms) Act 2015, the Central Bank focused on developing a robust regime for this new category of regulated firm. The objective was to ensure that borrowers whose loans are transferred from a regulated lender have the same level of consumer protections they had prior to the sale under the various statutory codes issued by the Central Bank.
The Central Bank has developed detailed Authorisation Requirements and Standards for credit servicing firms which set appropriately high requirements on applicant firms. These include requirements on how these firms deal with their loan owner in order to ensure that borrowers receive the full protections of Irish financial services legislation, including Central Bank codes.
I understand that the Central Bank is currently putting applicant firms through its application process to ensure that only firms that demonstrate compliance with these authorisation standards are authorised.
A register of those applicant firms who have notified the Central Bank that they wish to avail of the transitional provisions provided for in the legislation (whereby, by virtue of the Act, they are taken to be authorised to carry on the business of a credit servicing firm pending a decision on their application by the Central Bank) is available on the Central Bank website. No firms have been granted an authorisation to date but it is worth highlighting that the full requirements of Irish financial services legislation (including Central Bank codes) apply to these firms.
115. Deputy Michael McGrath asked the Minister for Finance the purpose of his meeting with a company (details supplied) the day before the closing date for bids on NAMA's Project Eagle; the matters discussed at the meeting; his views on whether the meeting was appropriate; and if he will make a statement on the matter. [7792/17]
View answerI would remind the Deputy that I made him aware of this meeting in my response to his Parliamentary Question 293 of 14 July 2015, which is available on the Oireachtas website.
The Deputy will also be aware that I provided records relating to these meetings directly to the Committee of Public Accounts in my correspondences of 3 November 2016 and 8 December 2016 respectively. In addition, the records relating to this meeting had previously been released under the Freedom of Information Act in November 2015.
For particular details of what was discussed at the meeting, I would refer the Deputy to the note of this meeting with Cerberus which is publically available on the Department of Finance website: http://www.finance.gov.ie/sites/default/files/08.%202014-03-31%20Cerberus%20Meeting%20Note%20attachment%20to%20record%207.pdf
I, as Minister, and my Department refute absolutely the validity of any suggestion that I or my officials acted inappropriately in meeting with Cerberus in March 2014. It is entirely appropriate that I, as Minister for Finance, would meet with the Chairman of a major international investment fund and former US Secretary of the Treasury, at his request whilst he was in Dublin on business.
As the published documentation confirms, the meeting was arranged at the request of Cerberus and was high level in nature. It would be very unusual and indeed inappropriate for any Minister for Finance not to meet with such individuals and firms. I have had many similar meetings in the course of my ministerial duties. It is also entirely appropriate that my officials would meet with representatives of firms who have a general investment interest in Irish assets.
The Deputy will be aware of the clear legal separation between the Minister for Finance and NAMA's commercial operations. My meeting with former Secretary John Snow and my officials meeting with Cerberus representatives in March 2014 did not alter the fact that neither I nor my officials were involved in the Project Eagle sales process. As is well established, I was generally aware that the Project Eagle process was underway and Cerberus did inform me and my officials, at those meetings, that they were interested in the portfolio. This was the extent of engagement on the matter and the meeting record clearly states that any specifics of the sale should be discussed with NAMA: "[Secretary Snow] noted that they have interest in NAMA's Project Eagle. It was also noted that they would be meeting NAMA later that day to discuss their interest. Secretary Snow mentioned the process letter from NAMA but it was suggested that it would be most appropriate to discuss that issue at the NAMA meeting".
Aside from the brief reference to Project Eagle outlined above, the Deputy will note that other high level discussion points related to Cerberus' general activity in Europe, the recovery of the Irish property market, recent capital gains changes and the Single Resolution Mechanism in the Eurozone.
I would expect that the Deputy, and any reasoned observer, would not find any of these discussion points either surprising or inappropriate.
116. Deputy Michael McGrath asked the Minister for Finance if the approval of the ECB is required for a bank (details supplied) to resume dividend payments to shareholders; if any discussions are under way in this matter; his role as Minister and the role of his Department in relation to possible dividend payments by the bank; and if he will make a decision on the matter. [7793/17]
View answerAs the Deputy will be aware, the Single Supervisory Mechanism (SSM) is now responsible for the prudential supervision framework for Euro area banks. Each Irish bank has a Joint Supervisory Team made up of representatives of both the Central Bank of Ireland and the SSM. I cannot comment on regulatory discussions between banks and the SSM but if any institution was proposing to restart dividends to shareholders after a number of years, it would be reasonable to assume that the board would only recommend such a course of action with the concurrence of their regulator.
Under the CIFS/ELG Guarantee Scheme, no new dividends can be paid until such time as the Minister for Finance, in consultation with the Central Bank, otherwise determine. This requirement was in put in place at the beginning of the financial crisis to preserve capital in the banks and before the State took shareholdings in the various institutions. Given the recovery of the banking sector, our substantial investments in these firms and a transformed regulatory environment, the restoration of prudent dividends over the coming years would ultimately be in the interests of all shareholders including the State.
Finally in the case of AIB and Permanent TSB the declaration and payment of dividends is also defined as a consultation matter as part of their respective Relationship Frameworks. These can be accessed at the following links:
AIB: http://finance.gov.ie/sites/default/files/Allied-Irish-Banks1.pdf
Permanent TSB: http://www.finance.gov.ie/sites/default/files/Relationship%20Frameworks%20for%20the%20Irish%20Banks%20Irish%20Life%20and%20Permanent.pdf.
117. Deputy Michael McGrath asked the Minister for Finance the detail of insurance companies selling motor insurance here which are prudentially regulated in an EU member state other than Ireland; the country in which they are prudentially regulated; if they are regulated here for conduct of business purposes; if he or the Central Bank has any concerns in relation to these firms selling business here; and if he will make a statement on the matter. [7794/17]
View answerAs Minister for Finance, I have responsibility for the development of the legal framework governing financial regulation in Ireland, including the regulatory environment for life and non-life insurance. I have no role in day to day supervision of the insurance industry, as this is the responsibility of the Central Bank of Ireland. The Central Bank of Ireland has two specific mandates as regards insurance supervision. First, it is responsible for the prudential supervision of insurance companies authorised by the Central Bank of Ireland. Second, it is responsible for the supervision of conduct of business in Ireland, also referred to as consumer protection. All insurance undertakings operating in Ireland, whether authorised by the Central Bank of Ireland or a competent authority of another EU state, are subject to conduct of business supervision by the Central Bank of Ireland.
It is important to note that the legal and regulatory framework for the provision of life insurance, non-life insurance and reinsurance in the European Economic Area (EEA), and the supervision of that activity, is prescribed by EU Directives and Regulations. This framework allows for the freedom to provide services from one Member State into another throughout the European Union. This is a key principle of the European Union and is availed of by a number of insurance firms established in Ireland in order to conduct business into other EU Member States.
Underpinning the ability to conduct business whether in a company's home territory or elsewhere in the EU under the freedom to provide services is the Solvency II Directive which came into force from 1 January 2016. Solvency II is a revision of EU insurance and reinsurance law designed to modernise supervision, deepen market integration, increase the competitiveness of European insurers and ensure a harmonised approach to supervision across the EU going forward.
The Government is supportive of the principle of the freedom to provide services across the European Union and is of the view that the legislative framework underpinning this principle is robust. Additionally the Central Bank has informed me that it works closely with relevant foreign National Competent Authorities and EIOPA (the insurance European Supervisory Authority), which has identified as one of its key strategic objectives 'to improve the quality, efficiency and consistency of the supervision of EU insurers and occupational pensions.' The Central Bank of Ireland fully supports EIOPA's work in this regard and has actively engaged with EIOPA in its revision of the General Protocol which will enhance the exchange of information between supervisory authorities.
Finally, I am informed by the Central Bank that when an insurance undertaking is notified to the Central Bank by an equivalent EU / EEA supervisory body they are added to the register of service providers or branch establishments. This register is available on the Central Bank's website and includes the details that the Deputy has listed in his question.
Link: http://registers.centralbank.ie/DownloadsPage.aspx.
118. Deputy Mary Butler asked the Minister for Finance the measures being put in place for owners of non-principal private residence to claim tax relief on the annual NPPR tax from 2009 and 2013 in view of the High Court's decision in January 2017; the expected cost to the State; and if he will make a statement on the matter. [7896/17]
View answerI am advised by Revenue that the High Court decision concerning the deductibility against rental profits of the Non Principal Private residence charge (NPPR) has been appealed by them to the Court of Appeal. While that appeal is pending, Revenue is not in a position to amend assessments or process repayment claims based on the High Court judgement. Revenue advises that there is a general right to repayment of tax provided for in Section 865 of the Taxes Consolidation Act 1997, where a person has paid an amount of tax which is not due. However that right is subject to a statutory limit of four years from the end of the chargeable period to which the claim relates. That statutory limit is binding on Revenue.
I am further advised by Revenue that any repayment claims made in relation to this matter that are received within the statutory time limits, as they apply to each year of assessment, will be retained and processed when the outcome of the Appeal case is known. Any potential cost to the State will be determined by the outcome of the legal case and thus it would not be appropriate to provide such an estimate at this time.
119. Deputy Pearse Doherty asked the Minister for Finance the cost of maintaining the suspension of water charges in 2018; the estimated impact of a continued suspension on fiscal space in 2018; and if he will make a statement on the matter. [7907/17]
View answerAs the Deputy is aware, responsibility for Irish Water rests with my colleague the Minister for Housing, Planning, Community and Local Government, Mr. Simon Coveney TD. His Department has informed my Department that the revenue loss in 2018 of a continued suspension of domestic water charges is estimated to be in the region of €217 million in cash terms. This would reduce general government revenue in 2018 by the same amount.
With regard to fiscal space, there would be no impact in 2018 arising from the continued suspension of domestic water charges as this would represent a continuation of the policy prevailing in 2017 and there would be no revenue from domestic water charges in either year.
120. Deputy Niamh Smyth asked the Minister for Finance his plans to review the threshold of the artists exemption; and if he will make a statement on the matter. [7952/17]
View answerThe artists' exemption provides for an exemption from Income Tax on the first €50,000 (increased from €40,000 in Budget 2015) of earnings in relation to certain categories of works, namely:
1. a book or other writing;
2. a play;
3. a musical composition;
4. a painting or other picture; or
5. a sculpture.
The exemption does not extend to income arising from:
1. royalties paid or associated with the performance of music whether by the composer or another artist;
2. performance royalties paid or associated from the sale of CDs etc.; (song writing royalties are exempt)
3. receipts from live performances;
4. arrangements, adaptations or versions of musical compositions which is not of such significance as to amount to an original composition;
5. any writing visual or musical work created for advertising or publicity purposes;
6. a book which is primarily used either by students in a course of study or by a person in a trade, business, profession, vocation or branch of learning as an aide to that trade, business, profession vocation or branch of learning;
7. Any work of journalism published in a newspaper, journal, magazine or on the internet.
In my view the exemption limit is already generous and applies in addition to the standard tax credits, which can be applied against income tax liabilities on income in excess of the threshold or income from other sources. Therefore, I have no plans to review the threshold at the current time.
However, the Deputy will be aware that a review of the potential for introducing an income averaging regime for artists was completed by my Department last year and was published along with all of the other Budget documentation on Budget day. That review can be accessed at the following link http://www.budget.gov.ie/Budgets/2017/Documents/Tax_Expenditures_Report%202016_final.pdf.
One of the findings of that review was that the artists exemption at the existing thresholds, already provides shelter for all of the artistic income of the vast majority of artists.
